Crocker-Citizens National Bank v. L. N. Magazine Distributors, Inc.

In an action to recover upon six trade acceptances or drafts accepted by defendant, the latter appeals (1) from an order of the Supreme Court, Queens County, entered April 6, 1966, which granted plaintiff's motion for summary judgment; and (2) from a judgment of said court, entered April 6, 1966 in plaintiff’s favor, pursuant to said order. Order reversed and judgment vacated, with one bill of $10 costs and disbursements to defendant, and plaintiff’s motion for summary judgment denied, without costs. In our opinion, there is a triable issue as to whether plaintiff is a holder in due course of…